some advice on a claim form sent from LOWELL please thank you

[Amethyst]

They're just saying that they said "Failure to respond to the Claim within 14 days from the date of this email may result in us applying for a County Court Judgment (CCJ) in Default to be entered against you." in error as they now see that you have already acknowledged the claim Nothing to worry on.

[jaguarsuk]

The "we don't have to provide the terms" is bull. If the operator have not retained the terms and they aren't able to provide them then how can they claim you agreed to anything at all? Their claim specifically mentions an "agreement" in their particulars of claim and whether putting in then using a sim was agreeing to it or not they have to show what that agreement was.

As for the up to date terms being on the website, those are not the terms they claim you agreed to and are irrelevant.

This appears to be a response to the CCA request, lets not get our hopes up just yet and see what the response to the part 31.14 holds if one materialises.

The SAR from EE could also be very interesting too.

[TomatoSoup]

Diana M MIKE770 jaguarsuk Amethyst and slainte caragh

ok no word back on my CPR 31.14 request to lowell should i now go forward with a defence seeing as they have ignored it
i sent the request via email on February the 2nd so they have had well over 7 working days to reply now!?

also i got a phone call yesterday i am wanting to volunteer and the position i am very interested in they require a vet check and they asked me over the phone if i was aware of the default by lowell on my credit file

they [the organisation i wish to volunteer for] now want me to >>>

please forward copies of any emails or correspondence concerning the defaulted account for £145 for our records.
It would also be helpful if you could indicate your possible future course of action regarding this.

that phone call was so embarrassing i have no idea how to say it all but am sure i will work it out

just now makes me think could this default now also affect any other future unpaid/volunteer jobs i go for as well as any paid jobs i will apply for?

[warwick65]

ok no word back on my CPR 31.14 request to lowell should i now go forward with a defence seeing as they have ignored it
i sent the request via email on February the 2nd so they have had well over 7 working days to reply now!?

I think it has already been said, most firms do not accept service of documents by email- a cpr31.14 request should have been posted as should any CCA request which must include the fee- not an offer to pay it

[TomatoSoup]

warwick65

http://legalbeagles.info/forums/foru...hank-you/page2
> > scroll down a bit > >
as you can see in the email i sent them i included my name and address and email as well as the claim and account numbers
and they also already replied to the CCA request in 2 email replies to me
http://legalbeagles.info/forums/foru...hank-you/page3
> scroll down to the last 2 posts on the page to see their email replies >

so why they ignore the CPR 31.14 request?

[MIKE770]

these people tend to but later on in proceedings they can be ordered to by the judge if necessary

[Amethyst]

CPR request went to the solicitors rather than the claimant ? Solicitors are a bit narkier about 'service' being on paper ? ( just a theory )

[TomatoSoup]

Amethyst should i send a CPR 31.14 request via email to LOWELL PORTFOLIO I LTD as well then?

[Amethyst]

Nope, the CPR 31.14 only goes to the solicitors, but I'd get one out on hardcopy if you only emailed it. Unless the solicitors have said they accept service by email you should do everything on paper xxx

[warwick65]

TomatoSoup

With regard to your CCA request, well they emailed back saying it wasn't relevant but what i was saying is that most solicitors do not accept service of documents by email and sending a CPR31.14 request is serving a document.

You may think it is wrong but it is the way it is- just as legislation states a default notice must be served by post and not any other way (useful to know when PDL's send them by email)

Maybe it would be worth resending the CPR31.14 request by Royal Mail

[TomatoSoup]

well i dont have a printer so i cant type and print out letters so any letter i send them would be handwritten
and it say here in their FAQ ways to contact them https://lowellsolicitors.co.uk/faqs/

I’ve had a letter from you - what should I do?

If you have received a letter from us, it is important you respond as required to avoid any legal consequences.
If you do not respond to our contact or to the court when prompted to do so legal proceedings may continue.
To see the details about our opening hours and the available contact methods please click here. >>> http://lowellsolicitors.co.uk/contact-us/

[Diana M]

Solicitors are a bit narkier about 'service' being on paper ? ( just a theory )

We're not being narky - it's a CPR

Service by fax or other electronic means

4.1 Subject to the provisions of rule 6.23(5) and (6), where a document is to be served by fax or other electronic means –

(1) the party who is to be served or the solicitor acting for that party must previously have indicated in writing to the party serving –

(a) that the party to be served or the solicitor is willing to accept service by fax or other electronic means; and

(b) the fax number, e-mail address or other electronic identification to which it must be sent; and

(2) the following are to be taken as sufficient written indications for the purposes of paragraph 4.1(1) –

(a) a fax number set out on the writing paper of the solicitor acting for the party to be served;

(b) an e-mail address set out on the writing paper of the solicitor acting for the party to be served but only where it is stated that the e-mail address may be used for service; or

(c) a fax number, e-mail address or electronic identification set out on a statement of case or a response to a claim filed with the court.

4.2 Where a party intends to serve a document by electronic means (other than by fax) that party must first ask the party who is to be served whether there are any limitations to the recipient's agreement to accept service by such means (for example, the format in which documents are to be sent and the maximum size of attachments that may be received).

Link > https://www.justice.gov.uk/courts/pr...pd_part06a#4.1

Di

[Amethyst]

Nothing wrong with a handwritten letter

[TomatoSoup]

ok hand writing the CPR 31.14 request letter now to send it off tomorrow send it off with first class stamp so they should get it by thursday/friday

cutting it close if they take the full 7 days to reply as i have to have my defence done by the 26th

[Amethyst]

You can write your defence now, ready to submit by 26th, it is unlikely they would respond in time anyway tbh and if they do before you submit. you can just adapt your defence to suit then